DMCA Notice

Straight Shot Wireless (“SSW”) respects the intellectual property rights of others and expects its users to do the same. In compliance with the Digital Millennium Copyright Act (“DMCA”), it is our policy to respond promptly to clear notices of alleged copyright infringement. SSW will take necessary actions, including the removal of infringing content and the suspension or termination of subscribers who are repeat offenders.

Filing a DMCA Notice of Alleged Infringement

If you believe that material available on our service or website infringes your copyright(s), you (or your agent) may send us a valid DMCA notice requesting the removal of the infringing content. Your notice must include the following information:

1. Identification of the copyrighted work that you claim has been infringed. Please provide enough detail (e.g., title, author, URL) to help us identify the content.

2. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.

3. Information reasonably sufficient to permit our designated agent to contact the complaining party, such as postal address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.

4. A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

5. A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is the owner or is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

6. An electronic or physical signature of the copyright owner or a person authorized to act on their behalf.

Please send your DMCA notice to the designated agent below:

DMCA Agent: Straight Shot Wireless

Attention: DMCA Compliance

804 N Union Ave, Roswell, NM 88201

Email: DMCA@sswireless.net

Counter-Notification Process

If you believe that the content that was removed or to which access was disabled is not infringing, or that you have the right to use the material (either from the copyright owner, through a license, or under the law), you may file a counter-notification with our designated agent. Your counter-notification must include the following information:

1. Identification of the material that was removed or to which access was disabled and the location where the material appeared before it was removed or access was disabled.

2. The statement: “I swear, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.”
3. Your name, address, telephone number, and email address, along with a statement that you consent to the jurisdiction of the federal court in the district where you reside (or in Chaves County, New Mexico if you are outside the U.S.), and that you will accept service of process from the person who provided the original DMCA notice or their agent.

Your physical or electronic signature is required.

Please send your counter-notification to our DMCA Agent at the contact details listed above.

Upon receipt of a valid counter-notification, we will forward it to the person who submitted the original DMCA notice. Please note that when we forward the counter-notice, it includes your Personal Information.  By submitting a counter-notification, you consent to having your Personal Information revealed to third-parties.

If we receive a counter-notice from the user that posted the material subject to a claim of copyright infringement, we will take the following actions: (1) We will forward a copy of the counter-notice to the person who sent the notice of infringement and inform him/her that the removed material may be restored or we may allow access to the material in ten (10) business days. (2) If during those 10 business days, the person who sent the original notice of infringement notifies us that he/she has filed an action seeking a court order to prevent the user from infringing activity relating to the material on our website or Services, we will not restore or allow access to the material. (3) Otherwise, within 10 business days, we may restore the removed material and allow access at our sole discretion.

Repeat Infringer Policy

In accordance with the DMCA and other applicable laws, SSW has adopted a policy of terminating, in appropriate circumstances, users who are deemed to be repeat infringers. We may also limit access to our service and/or terminate the accounts of users who infringe the intellectual property rights of others, whether or not there is repeated infringement. Generally, we will terminate a User’s account, membership, or subscription when that User has been notified for 3 complaints/violations over a period of four (4) months but no more than four (4) notices over a period of twelve (12) months.  However, we reserve the right to terminate a User at any time as we deem appropriate based on the circumstances of the User’s actions.  A complaint/violation will not be assessed against the User if the User has filed a counter-notice of infringement, and there are no further legal actions from the copyright owner or owner’s agent.

Master Service Agreement

Summary

By establishing an account or using the residential internet, business internet or phone services of Straight Shot Wireless (together, the “Services”), you agree to be bound by this Master Service Agreement (the “Agreement”) and to use the Services in compliance with this Agreement, our Acceptable Use Policy and DMCA Policy, as may be amended from time to time. Straight Shot Wireless is a D/B/A and/or Subsidiary of Babcock Enterprises LLC.

The Acceptable Use Policy and DMCA Policy are part of and shall be incorporated into this Agreement. In utilizing Straight Shot Wireless Services, Subscriber agrees to adhere to the terms and conditions of the Acceptable Use Policy, DMCA Policy and this Agreement.

If there is an inconsistency or conflict between the Acceptable Use Policy and this Agreement, the provisions of this Agreement shall govern.

PLEASE READ THIS SERVICE AGREEMENT CAREFULLY TO ENSURE THAT SUBSCRIBER UNDERSTANDS EACH PROVISION. THIS SERVICE AGREEMENT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTION LAWSUITS, AND ALSO LIMITS THE REMEDIES AVAILABLE TO SUBSCRIBER IN THE EVENT OF A DISPUTE.

THIS AGREEMENT INCLUDES MANY IMPORTANT TERMS, INCLUDING WARNINGS THAT YOU MAY BE UNABLE TO USE PHONE SERVICE FOR 911 OR OTHER EMERGENCY CALLS UNDER CERTAIN CIRCUMSTANCES, AND LIMITS THE DISCLAIMERS ON STRAIGHT SHOT WIRELESS’ LIABILITY.  IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SERVICES.

Subscriber Acknowledgement

• Straight Shot Wireless (“Provider”) and Subscriber (“Subscriber”) agree that Subscriber has read, understands, and accepts this Agreement, including the Acceptable Use Policy (AUP), before proceeding with service activation.
• If Subscriber is not the property owner, Subscriber acknowledges that they have received explicit permission from the property owner for Provider to proceed with installation and maintenance throughout the service period. Provider is not responsible for any disputes arising from the absence of such permission.
• The primary Subscriber for the account must or their designated representative must be present at time of installation. If the Subscriber responsible for signing the agreement is not present, or the service agreement is not signed prior to installation, the technician may cancel, or reschedule your appointment.
• A representative for the Subscriber, at least 18 years of age, must be present during all appointments, and must remain for the duration of the appointment. If the technician is left alone on the premises, the appointment will be cancelled or rescheduled immediately.
• By continuing to use Provider’s Services after any changes are made to this Agreement or related policies, Subscriber agrees to be bound by such changes. Subscriber is responsible for reviewing the latest version of this Agreement posted at (https://sswireless.net) periodically to remain informed of any updates or changes.
• Subscriber acknowledges that compliance with the terms of this Agreement and all associated policies is a fundamental condition for the continued provision of services.

Privacy and Communications Consent

• Subscriber consents to receiving service-related communications, including billing updates and notifications via email, text, or phone. For marketing or promotional communications to wireless numbers using an auto dialer or pre-recorded voice, prior express written consent is required as per the Telephone Consumer Protection Act (TCPA).
• Subscriber may revoke consent for marketing communications at any time by contacting us directly or following the opt-out instructions provided in the communication. Service-related communications necessary for service delivery will continue even after opting out of marketing communications.

 

Billing and Payment Terms

• Returned Payments and Bank Fees:
  • A Twenty-Five Dollar ($25.00) fee will be added to the account in the event of a returned payment. A new invoice will be generated and sent to the Subscriber.
  • Subscriber agrees to reimburse Provider for any additional costs or fees incurred due to payment rejection, including but not limited to bank charges.
  • After (2) returned payments are received in a 12-month period, all future payments must be made with cash, credit card, or Money Order, unless other arrangements are made with the billing department.

• Billing and Payments:
  • Invoices are generated monthly on the day of the month of your installation date and full payment is due NET 14 days from the date of the invoice.
  • Payments may be processed via the
    • Online Subscriber portal
    • Telephone
    • Brought directly to, or mailed to the office at:

Straight Shot Wireless

804 N Union Ave, Roswell, NM 88201.

• We also have a secure 24 hour drop box next to the front entrance to our building.

• Automatic Payments
  • Automatic payments can be setup through our Subscriber portal, over the telephone, or with the technician at your appointment. We accept Credit, Debit and ACH.
  • Automatic Payment methods can take up to 45 days to take effect. If there is a balance, but not a balance due, your payment method will not be charged.  This will happen to new accounts when they are first setup, or if a payment method is added after the due date.
  • Automatic payments will be charged on the due date shown on your invoice.
  • Subscriber authorizes Provider to automatically charge the provided payment method for recurring services as per the billing cycle.

• Late Payments:
  • Accounts remaining unpaid for twenty-seven (27) days or more are considered delinquent and any subscribed to services will be suspended automatically, Monday through Friday at 10:30 AM local time and will remain suspended until account is brought current or other arrangements are made, at Providers full discretion.
  • Delinquent accounts will result in suspension of all services associated with the Subscriber account, but billing will continue until the account is moved to suspended status. (See Failure to Pay)
  • A Late fee of $15 will be assessed automatically when Subscriber account becomes delinquent.
  • A Twenty-Five Dollar ($25.00) re-connection charge will be applied to the Subscriber account upon reconnection if the account is delinquent or suspended. This does not apply to Subscribers who pause their account in good standing.
  • The balance on the Subscriber account must be paid in full, or Subscriber must make arrangements with our billing department in order to restore service.

• Failure to Pay
  • In the event that any balance not paid as agreed within 60 days after the invoice due date, the account will be set to suspended/disconnect and Provider will be entitled to go and recover any Provider owned equipment.
  • In the event Provider cannot recover equipment, Provider reserves the right to take legal action or schedule recovery visits at Subscriber’s cost.
  • Subscriber account information will be given to a collection agency to attempt to recover any debt owed.
  • In the event a resolution cannot be found, please see (Governing Law) for next steps.

• Dispute Resolution
  • In the event of a billing dispute, Subscriber must notify Provider within 60 days of the invoice date. Failure to notify within this period constitutes acceptance of the charges.
  • If Services are suspended, they will remain suspended until the dispute is resolved or payment arrangements are made.
  • In the event a resolution cannot be found, please see (Governing Law) for next steps.
• Refund Policy
  • Refunds for unused service will be issued on a prorated basis only for the unused portion of prepaid Services when Subscriber terminates the Service in accordance with this Agreement.
  • No refunds will be provided for partial months, except in cases of service non-availability due to Provider fault. (See Termination for Business Viability)
  • Subscriber is not eligible for any refunds if they are in violation of any of the terms of this Agreement.

• Credit for Service Interruption
  • Credit for service interruptions that are determined by Provider’s investigation to be at the fault of the Provider shall not exceed the monthly subscription rate and will only be issued for outages lasting longer than 48 consecutive hours.
  • In the event services cannot be restored within 48 consecutive hours, your account may be credited for the outage at a rate of 1/30^th your monthly rate per full day of interrupted service.
  • Subscriber must request this credit in writing within 90 days of interruption. Provider will have 10 business days to investigate and provide a response for the time in question.
  • Credit will be issued if Provider’s investigation confirms, in Provider’s sole discretion, that the outage was caused by Provider and meets the eligibility criteria.

Minimum Commitment

• One (1) year Minimum Service Period:
  • The subscriber agrees to a minimum service period of one (1) year from the date of activation of the service agreement (“Minimum Service Period”) unless they opt for the No Term Agreement option.
  • After the initial one (1) year of service, this agreement will become a month-to-month agreement, and no early termination fee will apply.
  • The Installation fees are as follows:
    • Residential Standard Installation (20 -40 Mbps Plans): $49
    • Business Standard Installation (20 -40 Mbps Plans): $79
    • Residential Installation (60 Mbps and up): $119
    • Business Installation (60 Mbps and up): $149
    • Active Customer Upgrade to 60 Mbps and up service: $99
    • Service Move: $0
  • See Special Construction for more information.
• No Term Agreement:
  • Subscribers who choose to pay the installation fee upfront are eligible for a no-term agreement. This means there is no early termination fee should the Subscriber cancel their service at any time. The installation fees are as follows:
    • Residential Standard Installation (20 -40 Mbps Plans): $99
    • Business Standard Installation (20 -40 Mbps Plans): $149
    • Residential Wave equipment Installation (60 Mbps and up): $199
    • Business Wave equipment Installation (60 Mbps and up): $249
    • Active Customer Upgrade to Wave: $99
    • Service Move: $80
  • See Special Construction for more information.
• Existing Customers:
  • Subscribers who established their service prior to the effective date of this Agreement will not be subject to the early termination fee unless they make changes to their service plan or sign a new agreement. Existing subscribers who continue using the service without modifying their service plan will remain under their current payment terms.
• Changes to Service Plan:
  • If an existing Subscriber makes any changes to their service plan (including upgrades or downgrades of service plan or service features), this will be considered acceptance of the new terms and conditions of this Agreement, including the Minimum Service Period and Early Termination Fee provisions.

Early Termination:

• Early Termination Fee:
  • An early termination fee applies if the Subscriber terminates the services before the end of the Minimum Service Period. The early termination fee will be calculated as [50%] of the remaining contract balance, prorated based on the remaining months, or $150, whichever is greater.
  • Termination of the Agreement does not waive the right of Provider to recover any unpaid amounts.

• Notification of Termination:
  • Provider may provide termination notice to you by: email addressed to your email account on file, or by US Mail or courier service to the address you provided for the Service, but is not required to do so.

• Termination by Provider for violations of Provider’s Acceptable Use Policy, or any other posted policy on our website at (https://sswireless.net), shall be subject to the Early Termination Fee as described above.

Special Construction

• In the event that special construction, or additional non-standard equipment is required, including but not limited to:

• Cable runs longer than 200’
• Additional cabling
• Higher tower
• Mast hardware
• Specialized antennas
• Tower climb

• Fees will be incurred for any additional non-standard items priced at MSRP of replacement cost required, and time required to install them, billed at our Technician Rate stated below. These are some, but may not be all of the items that are not included with the standard installation and will be discussed at time of installation.  An additional invoice will be incurred.

• Additional labor is billed at $80.00/hr. per technician for the first hour, and billed 15 minutes/per after the first hour (Technician Rate). Overtime and weekend rate is 1.5 times Technician Rate.  Holiday rate is 2 times Technician Rate.

• The stated rates apply during regular business hours. Overtime, weekend, and holiday rates will be higher. Travel and related charges will be passed through to the Subscriber.

• Technician reserves the right to ensure a safe work environment, and reschedule work as necessary to ensure their safety.

Phone Service

Phone Service fees, taxes, and other charges may change from time to time. If Subscriber makes calls to locations outside the United States and Canada, international rates will apply. International calling rates can be found on Provider’s website https://sswireless.net.

Equipment

• All equipment, routers, subscriber modules, antennas and any mounting equipment furnished by the Provider (“Provider Equipment”) will at all times remain the property of the Provider.

• Subscriber may not sell, transfer, lease, encumber or assign all or part of the Provider Equipment to any third party.

 

• Subscriber may not tamper with Provider Equipment. In the event that tampering is found, we reserve the right to terminate service and/or charge the Subscriber’s account for any damage to Provider Equipment and time to perform repairs necessary to restore Service.

 

• Subscriber shall pay for the full retail cost of, or the repair or replacement of any lost, stolen, unreturned, damaged, sold, transferred, leased, encumbered or assigned Provider Equipment or part thereof, together with any costs incurred by Provider in obtaining or attempting to obtain possession of any such Provider Equipment.

 

• On expiration or termination of this Agreement, subscriber authorizes the Provider to retrieve from Subscriber’s premises Provider Equipment.

 

• All Provider Equipment must be returned to Provider’s office within 7 business days after Service termination. If Subscriber fails to return Provider Equipment within 7 business days of Service termination, the Provider Equipment will be deemed unreturned.

• Provider will maintain, at its own expense, all installed equipment installed at time of installation so long as it has not been intentionally tampered with or damaged by external means.

• For Phone Service, Subscriber must supply certain facilities, such as a phone handset or equivalent, installed phone wiring and jacks, and a powered electrical outlet. Subscriber is responsible for supplying and ensuring that the facilities Subscriber supplies are compatible with the Service and meet federal and other applicable standards. Subscriber represents that Subscriber either owns Subscriber’s facilities or has the right to use the facilities in connection with the Phone Service. Provider shall have no obligation to provide, maintain, support, or service Subscriber’s facilities. If Subscriber’s Internet connection is terminated, suspended, or disconnected for any reason, the Phone Service will not be available until Subscriber reestablishes Subscriber’s Internet connection with Provider or whichever Internet provider Subscriber utilizes.

• For Phone Subscribers requesting that Provider port an existing phone number from a prior carrier, a signed Letter of Authorization (“LOA”) must be on file before Service will be provided. The LOA gives legal authorization to Provider to act as Subscriber’s agent, to make any and all inquiries necessary for the purpose of obtaining Subscriber service record information and to act as the Subscriber’s agent for the purpose of taking any and all actions required (including the removal of any account protection/freezes) to become Subscriber’s local service provider and to implement other services described herein for all of the Subscriber’s physical service and billing locations including changing Subscriber’s long distance carrier(s).

• The Subscriber gives Provider authorization to notify all appropriate parties, including the Subscriber’s local and long-distance carrier, of the Subscriber’s choice of carriers and to make the necessary changes for the Subscriber’s current and future services without further permission. It is the Subscriber’s responsibility to terminate service from prior local and long-distance carriers after activation of Provider’s Phone Service.

• The Subscriber also agrees to indemnify Provider, its employees, and agents from any liability resulting from any credit injury, or client privacy issue, or liability to any third party for pre-existing obligations the Subscriber may have regarding local and/or long-distance services.

• Provider provides Subscriber with a free standby backup power with a minimum of eight hours of backup for phone usage only. Provider provides Subscriber with the option to purchase standby backup power that will provide a minimum of twenty-four hours of backup power.  Standby backup power units do not guarantee the Provider network will remain available during a power outage or other causes of network interruption.  Use of the backup power for Internet backup may affect battery life.  The backup power units do not guarantee that phones purchased or used by the Subscriber with this Service will remain available during a power outage or other causes of network interruption.  They also do not guarantee that phones purchased or used by the Subscriber with this service will remain operational, particularly if such devices require commercial power.  Provider also offers Subscriber installation of Subscriber’s selected back-up power equipment for a small fee.  All backup power equipment purchased by the Subscriber is considered to be Subscriber equipment.

Service Transferability

• Service is provided to the Subscriber for the location specified at the time of installation and is not transferable to another individual or address without prior approval by the Provider. A Service Move fee may apply if a relocation is approved.

Troubleshooting

• If your Service ceases to function properly but Providers network is still functioning properly, a ticket will be generated and a technician will troubleshoot during normal business hours.

• All troubleshooting will start with remote diagnostics of your services, and then, if determined one is needed, a service call will be scheduled, within business hours, based on the results of the initial troubleshooting.
• We offer 24/7 live telephone technical support. Call our main number to access support after hours.
• You may submit a support request via your customer portal, email suppport@sswireless.net, submitting a request for contact on our website, and by calling our office and selecting the “Support” option.
• It is the Customer’s responsibility to notify Provider of Service issues using one of the methods listed below.
• Any troubleshooting will be updated on the ticket assigned to the customer for the incident, which will be available to view from the Customer Portal.
• Customer may ask to receive email updates on ticket updates, please notify your technician if you would like to receive notifications of updates.

• Provider technicians are responsible only for diagnosing and resolving issues related to Provider Equipment and Services. Troubleshooting of internal networks or third-party equipment beyond Provider’s connection point will be the Subscriber’s responsibility.

• For Service visits for issues caused by Subscriber’s internal network issues, or non-Provider Equipment, Subscriber will incur standard service charges. (See Special Construction)

• If the problem is due to Subscriber negligence, or Provider Equipment is deemed to be intentionally harmed in any way, Subscriber will be charged replacement costs to replace/repair any damaged equipment/cabling and standard hourly rates apply. (See Special Construction)

Appointments

• Appointment times will be scheduled between (9AM – 4:30PM Monday-Friday) and are subject to technician availability and drive time to location.

Service Scope and Limitations

• Provider’s connection point ends at the subscriber module power supply. If a router is leased, our connection point ends there. Any trouble beyond our network or Provider Equipment is the full responsibility of the Subscriber and their subsequent network administrator or vendor. Standard maintenance is limited solely to Provider network, Provider Equipment, and backbone connectivity.

• Services are provided on an ‘as-is’ and ‘as-available’ basis without warranties of any kind, express or implied, including but not limited to warranties of merchantability or fitness for a particular purpose.

• Provider is not responsible for the performance or content of third-party services accessed through Provider’s network, including but not limited to streaming platforms, online gaming, or cloud services. Provider does not guarantee uninterrupted access to such services.

• Provider will, at its own expense, perform Antenna re-aiming or relocation due to obstructions such as trees, vegetation, buildings, or storm related damage.

• Any Subscriber-requested re-aiming or relocation of antennas, or reconstruction of any installed equipment or assemblies will be billed to the Subscriber at the Technician Rate. (See Special Construction)

• Residential Services benefits:
  • Monday -Friday 8-5 local telephone support
  • Monday through Friday 8-5 local in office support
  • 24/7 Live Call Center Support
  • Service restoration during appointment times (specified above)
  • One (1) Static IP assigned to your assigned router
  • 2 E-mail addresses at sswmail.com. Subscriber must request this, as we will not setup unless asked.
    • If no other services are subscribed to, and Subscriber wishes to retain their e-mail address(es), then Subscriber will be billed at the market rate for each e-mail address.

• Business Service benefits offered in addition to all of the Residential Service features:
  • 24/7 restoration of service,
  • Priority service restoration. Priority service restoration means that business accounts will be given precedence over residential accounts during periods of service outage, subject to the nature and scope of the outage.
  • Higher upload speed on service plans,
  • Provider will make commercially reasonable efforts to maintain the availability and quality of the Internet service but does not guarantee uninterrupted or error-free operation.

• Reselling service will result in immediate disconnection. However, businesses may set up a Wi-Fi hotspot with permission from Provider. This is only allowed on a case-by-case basis.

• Using a personal account for commercial use (e.g., website hosting, advertising, server hosting, etc.) is prohibited.

• Email accounts exceeding the subscriber’s allotted email space, may, at Provider’s discretion, be transferred to a compressed temporary file or storage. Provider may delete the temporary files from the server 60 days after notifying you.

• Provider cannot be held liable for any type of loss, whether actual or perceived, due to a lack of service.

• Provider has no control over certain types of interference and signal blockage. We do not guarantee any level or quality of service. If the service becomes unusable, the subscriber is expected to reach out to Provider.

• Subscriber understands that Service may be interrupted from time to time for various reasons including maintenance, interference, upgrades and power outages. There will be no warning for some outages.

• By acceptance, and use, of the Phone Service, Subscriber acknowledges and accepts any limitations of 911/E911 service, and Subscriber agrees to convey these limitations to all persons who may have occasion to place calls over the Phone Service. If Subscriber has any questions about 911/E911, call Provider at 1-575-208-7915.

Liability Disclaimer and Indemnification

• Subscriber, its agent, successor and/or assigns expressly agree to indemnify and release Provider, its affiliates, subcontractors, employees, agents, assigns or successors from any liability for any claims, losses, actions, damages, suits, or proceedings arising out of or otherwise related to Subscriber’s installation of, use of, or termination of Provider’s Services here under including but not limited to, Subscriber’s access to content uploaded or downloaded using Provider’s Service from any source or to any recipient.

• SUBSCRIBER FURTHER RELEASES PROVIDER FROM ANY RESPONSIBILITY OR LIABILITY RELATED TO THE ACCURACY, QUALITY FOR CONFIDENTIALITY OF ANY INFORMATION AVAILABLE BY OR THROUGH PROVIDER SYSTEMS AND/OR THE NETWORK.

• PROVIDER WILL USE REASONABLE SECURITY MEASURES TO PROTECT SUBSCRIBER DATA. HOWEVER, PROVIDER SHALL NOT BE HELD LIABLE FOR ANY UNAUTHORIZED ACCESS TO SUBSCRIBER DATA RESULTING FROM FACTORS BEYOND ITS REASONABLE CONTROL, INCLUDING HACKING, THEFT, OR FORCE MAJEURE EVENTS.

• PROVIDER ASSUMES NO RESPONSIBILITY FOR THE CONTENT CONTAINED ON THE INTERNET OR OTHERWISE AVAILABLE THROUGH THE NETWORK OR FROM ANY SOURCE ACCESSIBLE VIA PROVIDER’S SERVICES. Provider discloses and Subscriber acknowledges that there may be content on the Internet or otherwise available through the Services provided by Provider which may be offensive to some individuals, which may not be in compliance with local, state or federal laws, rules or regulations, including but not limited to, pornographic, or otherwise inappropriate or sexually explicit offensive content.

• Subscriber acknowledges to Provider that its use of Provider Services to access information, content or other Services is at its own risk.

• PROVIDER DISCLAIMS ALL RESPONSIBILITY FOR SERVICE DISRUPTIONS CAUSED BY UPSTREAM PROVIDERS, SUBSCRIBER’S DEVICES, OR EXTERNAL FACTORS SUCH AS ELECTRICAL OUTAGES OR INTERFERENCE.

• The Subscriber agrees that they will read and understand the Terms and Policies and Acceptable Use Policy sections of the Provider website. The Subscriber assumes all liability of providing a computer or device capable of using the IP protocol over Ethernet.

• Provider shall not be liable for any delay or failure in performance due to events outside of Provider’s reasonable control (“Force Majeure Events”). Force Majeure Events include, but are not limited to, natural disasters, acts of terrorism, cyber-attacks, government regulations, labor disputes, equipment failures, or acts of third-party vendors or suppliers, acts of God, fire, flood, war, labor disputes, government actions, or equipment failures. Subscriber agrees that such interruptions do not entitle Subscriber to any refund or credit except as explicitly outlined in this Agreement.

• STATUTE OF LIMITATIONS: SUBSCRIBER MUST BRING ANY CLAIM OR LAWSUIT WITHIN ONE (1) YEAR THE CLAIM OR SUIT ARISES.

• TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT SHALL PROVIDER OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, REPRESENTATIVES, AGENTS, OPERATIONAL SERVICE PROVIDERS, THIRD-PARTY LICENSORS OR THIRD-PARTY SUPPLIERS, OR EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, OR AGENTS, AND ANY OF THEIR SUCCESSORS AND ASSIGNS BE LIABLE WITH RESPECT TO THE SERVICE OR THE SUBJECT MATTER OF THIS SERVICE AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE LIMITATIONS AND EXCLUSIONS HEREIN MAY NOT APPLY TO SUBSCRIBER. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF PROVIDER UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100.00 US).

• ADDITIONALLY, PROVIDER WILL HAVE NO LIABILITY FOR THE FOLLOWING: (i) FOR ANY AMOUNT IN EXCESS OF ONE HUNDRED DOLLARS ($100.00 US); (ii) FOR ANY THIRD-PARTY FEES OR CHARGES, INCLUDING BUT NOT LIMITED TO, BANKING FEES, OVERDRAFT FEES, MOBILE PHONE OR OTHER WIRE LINE CHARGES, TECHNICIAN CHARGES, OR OTHER SIMILAR CHARGES; (iii) FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; (iv) FOR DATA LOSS OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; (v) ANY LACK OR BREACH OF SECURITY CUSTOMER OR ANY OTHER PARTY MAY EXPERIENCE OR BE EXPOSED TO WHILE USING THE SERVICE; (vi) FOR ANY MATTER BEYOND PROVIDER’S REASONABLE CONTROL; (vii) FOR ANY INTERFERENCE OR INCOMPATIBILITY WITH OR DISRUPTION OF ANY NON-VOICE SYSTEMS, WHETHER CAUSED BY THE PHONE SERVICE, INTERNET SERVICE, EQUIPMENT, OR OTHERWISE; (viii) CUSTOMER’S USE OF THE SERVICE FOR OR IN CONNECTION WITH ANY HIGH-RISK OR UNLAWFUL USES, OR ANY USE THAT VIOLATES THIS SERVICE AGREEMENT, OR FOR (ix) FOR DEVELOPING, INSTALLING, OPERATING, PROVIDING, IMPLEMENTING, MAINTAINING, OR PARTICIPATING IN A 911 EMERGENCY TELEPHONE SYSTEM OR SIMILAR EMERGENCY SYSTEM OR E911 SERVICE, INCLUDING WITHOUT LIMITATION (a) RECEIVING, DEVELOPING, COLLECTING, OR PROCESSING INFORMATION FOR E911 DATABASES, (b) RELAYING, TRANSFERRING, OPERATING, MAINTAINING, OR PROVIDING 911 OR E911 SERVICES OR SYSTEM CAPABILITIES, OR (c) PROVIDING EMERGENCY TELEPHONE AND RADIO COMMUNICATIONS FOR AMBULANCE, POLICE AND FIRE DEPARTMENTS.

Privacy Policy

• Provider has established a Privacy Policy (“Privacy Policy”), which governs Provider’s collection, use, disclosure, management and security related to Subscriber’s personally identifiable information (“Personal Information”).

• Subscriber agrees that Subscriber received a copy of the then-in-effect Privacy Policy at the time Subscriber executed this Agreement. Provider may update or amend the Privacy Policy at any time without Subscriber’s prior consent, unless such consent is required by law. Provider will, however, provide notice of any such changes or amendments as stated in Provider’s Privacy Policy. Subscriber understands, acknowledges and agrees that Subscriber’s continued use of the Service after notice of any changes or amendments have been provided will indicate Subscriber’s acceptance of such changes, except where further steps are required by applicable law. All such updates or amendments shall be deemed to be incorporated by reference into this Agreement.

• Provider does not routinely monitor a Subscriber’s activity for violation of this Agreement and Provider has no obligation to monitor content transmitted by use of, or other information related in any way to the provision or receipt of, the Service. However, Subscriber agrees that Provider has the right to monitor the Service, any and all information or Subscriber material transmitted through the Service or by use of the Provider Equipment, and information available to Provider regarding Subscriber’s computer and other equipment in accordance with this Agreement. Provider has the right at all times and without notice to remove, restrict access to or make unavailable any information or content residing on Providers, its affiliates’ or operational service providers’ servers. Provider has the right to monitor, review, retain or disclose any content or other information in Provider’s possession about or related to Subscriber (including, without limitation, Subscriber Information), Subscriber’s use of the Service, or otherwise, as necessary to satisfy any applicable law, or otherwise as Provider deems necessary or appropriate in Provider’s sole discretion.

Abuse

• Any intentional or unintentional use of the system that disrupts the normal use of the system for other internet subscribers is considered to be abuse of services.

• Each violation will be handled on a case-by-case basis, with corrective actions ranging from issuing warnings to service suspension, termination, or legal action, depending on the severity and frequency of the violation.
  • Corrective actions may include but will not be limited to:
    • Increasing Subscriber to a higher service plan
    • Decreasing access priority on the network
    • Terminating service
    • Replace and or upgrade equipment
    • Changing subscriber assigned IP Address
  • Multiple instances of abuse or severe infractions may result in permanent termination of service and forfeiture of any prepaid amounts.

• Failure to obey all terms set forth in the Acceptable Use Policy is a violation of this Agreement.

• Any Subscriber deemed by Provider to be in violation of this section is subject to immediate termination by Provider.

• Termination under this section shall have the same liability as the “Minimum Commitment and Early Termination” section.

Rights Reserved

• All Services and/or Provider Equipment including the following but not limited to: Usernames, passwords and email addresses at any of Provider’s owned domains, are Provider’s property and Provider may alter or replace them at any time.
• Subscriber acknowledges and agrees that Provider may record or monitor conversations, calls, and communications for training, quality assurance, or legal purposes, subject to applicable laws and regulations.
• Provider reserves the right to terminate this Agreement, your password, your account, or your use of the Internet Service, at any time, for any reason without prior notice, including, but not limited to, if Provider, in its sole discretion, believes you have
  • violated this Agreement,
  • our Acceptable Use Policy,
  • or any of the applicable user policies,
  • or if you fail to pay any charges when due.

Fair Usage Policy

• Provider reserves the right to monitor network usage to ensure compliance with this Agreement and the Acceptable Use Policy. Subscribers whose usage consistently exceeds fair usage limits may face service throttling, suspension, or termination, depending on the frequency and severity of the overage. If a Subscriber’s usage significantly exceeds the average usage of other Subscribers, Provider may limit or throttle bandwidth, impose additional charges, or require the Subscriber to upgrade to a higher service plan.

Right to Access Subscriber Premises

• Subscriber agrees to provide Provider, and each of its respective employees, contractors, representatives, agents, and operational service providers the right to access Subscriber’s property and premises at any time for the purpose of installing, operating, maintaining, upgrading, or retrieving Provider-owned equipment or the Service Provider network. Provider shall provide Subscriber with reasonable advanced notice of any such planned access, except when, in the reasonable opinion of Provider, an emergency or other exigent circumstance exists that would require Provider to immediately enter Subscriber’s property and premises.

Subscriber’s Responsibility for Internal Network Security

• Subscriber is solely responsible for securing and maintaining their internal network, including any wireless access points or devices connected to the network. Provider assumes no liability for security breaches, unauthorized access, or damages resulting from Subscriber’s failure to secure their network.

Limited Support for Third-Party Equipment

• Provider will provide technical support only for Provider-owned equipment. Support for third-party routers, extenders, or other network devices is the sole responsibility of the Subscriber.

Subscriber Account Changes

• Subscribers understand in order to establish a new account or make changes to any information on the account, each of the following items are required:
  • Proof of residency (Utility Bill that matches your ID Name and Address),
    • Accepted Documents (Only need one (1), needs to match address on ID)
      • Electric bill
      • Water bill
      • DMV Record
      • Telephone Bill
    • Any valid State or Federally issued ID Card.
    • Social Security Number or Tax ID Number
    • and you will be required to sign a new service agreement.

• We will not perform any changes to your information without the above documents. This list is subject to change without notice as new and updated information becomes available.

Termination for Business Viability

• If, in Provider’s sole discretion, it is determined that providing Service to Subscriber’s location is no longer commercially viable, this Agreement may be terminated, and the early termination fee will be waived.
• Subscriber will receive at least 30 days’ notice of termination due to business viability and a prorated refund for unused services.
• Refunds for unused service will be issued within 30 days of the effective termination date, following verification of eligibility.

Copyright Infringement and DMCA Policy

• Intellectual Property Rights and Copyright Infringement
  • Subscriber agrees to use Provider services in a manner that respects the intellectual property rights of others.
  • Subscriber shall not use Provider’s services to infringe upon any copyright, trademark, patent, trade secret, or other proprietary rights of any individual or entity. This includes, but is not limited to, the illegal downloading, uploading, distribution, or reproduction of copyrighted material without permission from the rights holder.

• Under the Digital Millennium Copyright Act (“DMCA”), copyright owners have the right to notify Provider’s registered designated agent if they believe that a Subscriber has infringed on their work(s). When Provider receives a complaint notice from a copyright owner, Provider will notify the Subscriber of the alleged infringement by providing Subscriber a copy of the submitted DMCA notice, to the extent permissible by law. As required by law, Provider enforces a graduated response policy to complaints that may lead to suspension or termination of service. Provider’s policy is to terminate the internet services for any Subscriber receiving four (4) or more DMCA notices annually. For information how to contact Provider’s Designated Agent, please see Provider’s DMCA Copyright Infringement Notification Policy, available here

Subscriber’s Representations, Responsibilities and Warranties

• Subscriber represents and warrants that Subscriber is solely responsible and liable for any and all breaches of the terms and conditions of this Agreement and any other documents incorporated by reference in this Agreement, whether such breach results from Subscriber’s use of the Service or by another person using the Service via Subscriber’s equipment or Provider Equipment.

• Subscriber represents and warrants that Subscriber will not use the Service in a manner that (i) infringes or violates the intellectual property rights or proprietary rights, rights of publicity or privacy, or other rights of any third-party; (ii) violates any local, state or federal statute, ordinance or regulation, or this Service; (iii) is harmful, fraudulent, deceptive, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable; (iv) impersonates any person or entity, including without limitation any officer, employee, agent, representative or operational service provider of Provider; or (v) transmits any virus, Trojan horse, worm, time bomb, or other harmful computer code, file, or program.

• Subscriber represents and warrants that there are no legal, contractual or similar restrictions on the installation of the Provider Equipment in the location(s) and in the manner authorized by Subscriber and that Subscriber is responsible for ensuring compliance with all regulations, applicable building codes, zoning ordinances, homeowners’ association rules, covenants, conditions or other restrictions related to the installation of the Provider Equipment and Service, for paying any fees or other charges and obtaining any permits or authorizations necessary for the installation of the Provider Equipment and/or provision of the Service (collectively, “Legal Requirements”) and the payment of any fines or similar charges for violation of any applicable Legal Requirements.

• Subscriber represents and warrants that when Subscriber transmits, uploads, posts, or submits any Subscriber Material (as defined herein) using the Service, Subscriber has the legal right to do so and that Subscriber’s use of such Subscriber Material does not violate any copyright or trademark laws or any other third-party rights. Subscriber Material collectively includes without limitation any lawful or unlawful software, computer programs, applications, data, photographs, video and/or audio content, text, files, and other information, including emails, address book and web storage content – anything installed by Subscriber on Provider’s servers not provided by Provider.

Non-Compliance

In the event that Subscriber fails to comply with any of the terms and conditions outlined in this Agreement, the Acceptable Use Policy (AUP), or any other applicable policies or laws, Provider reserves the right to take corrective action, which may include but is not limited to the following:

• Warning Notices:
  • Provider may issue a formal written warning to Subscriber, detailing the specific violation(s) and the required corrective actions. Warnings may include a deadline for compliance, after which further actions will be taken if the violation is not resolved.

• Service Suspension:
  • Provider may temporarily suspend the Subscriber’s services if compliance issues are not resolved within the timeframe specified in any warning notices or if the violation is deemed severe enough to warrant immediate suspension. Service will remain suspended until the Subscriber has rectified the violation or made alternative arrangements with Provider.

• Service Termination:
  • Provider reserves the right to permanently terminate Subscriber’s account and services in the event of continued non-compliance, repeated violations, or serious offenses such as unlawful use of services. Termination may occur without further notice following repeated or serious infractions. Termination of services shall result in:
    • Immediate cessation of service access
    • Recovery of any Provider Equipment, as detailed in the Equipment section
    • Forfeiture of Prepaid Amounts: Any prepaid amounts will be forfeited upon termination for non-compliance.
    • Final Account Settlement: Subscriber remains responsible for settling all outstanding balances, including early termination fees, prior to the final account closure.
    • Data Deletion: Provider reserves the right to delete any data associated with Subscriber’s account, including emails or backups, following termination.
    • Denial of Future Service: Subscriber may be ineligible to establish a new account with Provider after termination due to non-compliance.

• Recovery of Fees and Equipment:
  • Upon termination for non-compliance, Subscriber shall remain responsible for any outstanding fees and charges, including but not limited to early termination fees, prorated charges for services rendered, and recovery or replacement costs for any Provider Equipment not returned within the specified time frame.

• Legal Action:
  • In cases where non-compliance involves illegal activities or results in significant harm to Provider, its network, or other Subscribers, Provider reserves the right to pursue legal action. This includes seeking compensation for damages, legal fees, and other associated costs.

• Account Restoration:
  • If Subscriber resolves the non-compliance issue and wishes to restore service, Provider may, at its sole discretion, reinstate the account. Restoration of service may require:
    • Payment of all outstanding fees
    • Compliance with any revised terms or conditions
    • Additional security deposits or service charges as determined by Provider

Governing Law

• The laws of the State of New Mexico shall govern the terms of this Agreement. The parties hereto stipulate and agree that the exclusive venue for the resolution of all disputes concerning this Agreement shall be in the jurisdiction of Chaves County, New Mexico.

• Any dispute arising under this Agreement shall be resolved by binding arbitration in Chaves County, New Mexico, under the rules of the American Arbitration Association. SUBSCRIBER AGREES THAT, BY ENTERING INTO THIS AGREEMENT, SUBSCRIBER AND PROVIDER ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. This Agreement evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration provision shall survive termination of this Agreement.

• A party who intends to seek arbitration must first send to the other, by certified mail, a written notice (“Arbitration Notice”). An Arbitration Notice to Provider must be addressed to Provider at: Straight Shot Wireless 804 N Union Ave, Roswell, NM 88201. An Arbitration Notice to Subscriber must be addressed to Subscriber at Subscriber’s then-current billing address. The Arbitration Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If Subscriber and Provider do not reach an agreement to resolve the claim within sixty (60) calendar days after the Arbitration Notice is received, Subscriber or Provider may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Provider or Subscriber shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which Subscriber or Provider is entitled.

• The arbitration shall be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (the “AAA”), as modified by this Agreement, and shall be administered by the AAA. The AAA Rules are available online at www.adr.org, by calling the AAA at 1-800-778-7879 or written request to Provider. The arbitrator shall be bound by the terms of this Agreement. All issues are for the arbitrator to decide, except that issues relating to the scope and enforceability of the arbitration provision are reserved to the decision of a court of competent jurisdiction. Unless Subscriber and Provider agree otherwise, any arbitration hearings shall take place in Chaves County, New Mexico. The right to a hearing shall be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. The party initiating arbitration proceedings shall bear all the arbitration-related costs and expenses of both parties including, without limitation, legal fees and expenses.

• The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. SUBSCRIBER AND PROVIDER AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both Subscriber and Provider agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

Notwithstanding any provision in this Agreement to the contrary, Subscriber and Provider agree that if Provider makes any future change to this arbitration provision (other than a change to the address to which an Arbitration Notice is to be sent), Subscriber may reject any such change by sending Provider written notice within 30 days of the change. By rejecting any future change, Subscriber agrees that Subscriber will arbitrate any dispute between Subscriber and Provider in accordance with the language of this provision.

• Each party shall bear its own costs and attorney’s fees in any arbitration proceeding, and the parties shall equally share the costs of the arbitrator, except as otherwise required by law or agreed in writing by the parties.

Complete Agreement

• This Agreement, in combination with the Acceptable Use Policy and other policies posted directly and publicly on the Provider website, constitute the entire Agreement between the parties and no other representations or statements will be binding upon the parties.

• If any part of this Agreement is held to be invalid or unenforceable for any reason, the remaining terms and conditions of this agreement shall remain in full force and effect.

• No prior oral or written statement or agreement, except as included in this Agreement, shall be binding or enforceable.

Network Management Practices

Effective: October 1, 2024

Introduction

Straight Shot Wireless (SSW) is committed to providing reliable and quality broadband Internet services to its residential and business customers. This document outlines SSW’s network management practices, designed to ensure the efficient operation of our network while maintaining transparency and compliance with the Federal Communications Commission’s (FCC) rules on open Internet access and network transparency.

This document applies to all users of SSW’s Internet services and may be updated periodically to reflect changes in network management practices or regulatory requirements.

Network Management Objectives

SSW’s network management practices aim to:

– Ensure fair and reliable access to all users.

– Maintain the operational security and integrity of our network.

– Prevent or mitigate network congestion.

– Protect the network from harmful traffic, including viruses, malware, or unauthorized usage.

– Comply with legal and regulatory obligations, including copyright protection and the DMCA.

Congestion Management

SSW strives to provide customers with the best possible Internet experience. To manage congestion and ensure fair use of bandwidth, the following practices may be employed:

• Monitoring: SSW monitors overall network performance and capacity. This is done through automated systems that collect aggregate data about traffic patterns, usage levels, and network performance.
• Traffic Prioritization During Congestion: SSW does not block or throttle lawful Internet traffic. However, during periods of network congestion, time-sensitive applications such as video conferencing or VoIP services may receive temporary priority over other types of traffic to maintain quality of service. This practice is solely aimed at managing traffic to prevent service degradation during peak periods, ensuring the best possible experience for all users.
• Impact on Performance: While SSW does not discriminate based on content or user, some customers may experience slower speeds during peak congestion, depending on their usage and service plan.

Fair Usage

In compliance with the “Fair Usage Policy” (FUP) outlined in the Service Agreement, customers whose usage exceeds average levels may be subject to bandwidth limitations or service plan upgrades to ensure equitable access across all users. Details of these practices can be found in the Fair Usage Policy section of the Service Agreement.

Application-Specific Management Practices

SSW does not block, throttle, or prioritize specific applications or services under normal conditions. However, in cases where network security and integrity are at risk, SSW may implement targeted measures. These actions include but are not limited to:

• Security-Based Prioritization: SSW reserves the right to temporarily manage traffic that poses a risk to network security, such as malicious applications, viruses, or unauthorized access attempts. In such instances, specific traffic or devices may be restricted or prioritized to protect the network and other users.
• Exception for Malicious Activity: Certain applications or services may be blocked or restricted if they are found to be harmful or violate SSW’s Acceptable Use Policy. This includes the propagation of malware, unauthorized access attempts, or any activities that compromise the security and performance of the network.

Security Practices

SSW employs several network security practices to safeguard the integrity of our network and protect customer data:

• DDoS Protection: In the event of a Distributed Denial of Service (DDoS) attack or other network threats, SSW may take steps to block malicious traffic or reroute traffic to protect the network and its users.
• Firewalls and Intrusion Detection: Firewalls and automated systems are in place to detect and mitigate unauthorized access, malware, and other security threats.
• Customer Responsibility: Customers are responsible for securing their internal networks, including implementing firewalls, antivirus software, and strong passwords as outlined in the “Subscriber’s Responsibility for Internal Network Security” section of the Service Agreement.

Content, Applications, Services, and Device Management

SSW does not block, prioritize, or restrict access to lawful content, applications, services, or non-harmful devices. However, network management practices may be applied to:

• Prevent the propagation of viruses, malware, or other malicious code.
• Block harmful or illegal content, such as content that violates intellectual property rights (e.g., DMCA violations).
• Protect the network from devices or services that degrade network performance or violate SSW’s Acceptable Use Policy.

SSW may also manage devices or services that impact network performance through corrective actions, including temporarily restricting access to problematic devices or applications until the issue is resolved.

DMCA and Copyright Protection

SSW follows all DMCA procedures for handling copyright infringement claims. If illegal content is identified on our network (e.g., unauthorized file sharing of copyrighted materials), we may take appropriate action, including:

• Notifying the user of the infringement.
• Temporarily or permanently suspending the user’s service in accordance with the DMCA procedures.

For further information on copyright enforcement, please refer to the DMCA document on our website and the “Copyright Infringement and DMCA Policy” and “Non-Compliance” sections of the Service Agreement.

Monitoring Practices

SSW monitors network traffic patterns in an aggregate manner to ensure efficient operation of the network and improve service performance. This monitoring is not used to inspect the specific content of users’ Internet traffic, except as necessary to protect the network from threats or ensure compliance with the DMCA.

SSW does not engage in deep packet inspection (DPI) of user traffic for marketing purposes or sell user data to third parties. Monitoring is done to:

• Manage network congestion.
• Address security threats.
• Comply with legal obligations, such as court orders or DMCA requests.

Performance Characteristics

SSW provides customers with broadband services that meet the advertised speed, latency, and other performance metrics. However, actual performance may vary due to several factors:

• Service Plan: Speeds are dependent on the service plan selected by the customer.
• Network Congestion: Speeds may be slower during peak usage times due to network congestion.
• Distance to Network Node: Physical distance from a network hub may affect latency and speed.
• Device Limitations: The type of device used by the customer may also affect performance (e.g., older routers or devices may not support higher speeds).

SSW will work with customers to troubleshoot performance issues as outlined in the Service Agreement.

Complaints and Resolution

Customers may file complaints related to network management practices or service performance by contacting Straight Shot Wireless customer service. Complaints will be handled according to our Complaint Handling Policy and escalated when necessary.

Modifications and Updates

SSW reserves the right to modify this Network Management Practices document at any time in order to comply with changing regulations or improve network management techniques. Updates will be posted on our website at [https://sswireless.net], and customers will be notified of any significant changes.

Contact Information:

For questions regarding SSW’s network management practices, please contact customer support at:

Phone: 1-575-208-7915

Email: info@sswireless.net

Website: [https://sswireless.net]

Straight Shot Wireless Open Internet Policy

 Introduction

Straight Shot Wireless is committed to the principles of open Internet access. We believe in providing transparent information about our network management practices, performance characteristics, and commercial terms of our broadband Internet services, ensuring compliance with the Federal Communications Commission’s (FCC) Open Internet Order.

This Open Internet Statement sets forth certain information regarding the policies and practices of Straight Shot Wireless and how we manage our network for broadband internet access service (the “Straight Shot Wireless Network”).  This Open Internet Statement is a supplement to and is incorporated by reference in our Master Service Agreement (“Service Agreement’”) (available at: http://www.sswireless.net) and in the event of any inconsistency between this Open Internet Statement and the Service Agreement, this Open Internet Statement shall control.

Straight Shot Wireless’ broadband access service is primarily a fixed wireless service (“Service”).  Generally, given the nature of fixed wireless services, certain circumstances may affect the speed and quality of the Service, including but not limited to foliage, line-of-sight obstructions, the distance between a customer’s premises and the transmission point, as well as the customer’s connection between multiple devices to the Straight Shot Wireless Network.  Although we have engineered our network to provide consistent high-speed data services, some network management for these scenarios is required, because very heavy data usage by even a few customers at times and places of competing network demands can affect the performance of all customers.

Network Management Practices

Blocking: Other than reasonable network management practices disclosed below, Straight Shot Wireless does not block lawful content, applications, services, or non-harmful devices

Throttling: Other than reasonable network management practices described below, we do not intentionally slow down or degrade lawful Internet traffic based on its content, application, service, or non-harmful device.

Paid Prioritization: We do not directly or indirectly favor some traffic over other traffic, including through use of techniques such as traffic shaping, prioritization, or resource reservation, to benefit any of our affiliates, defined as an entity that controls, is controlled by, or is under common control with Straight Shot Wireless.

Congestion Management: Straight Shot Wireless actively monitors network performance and employs congestion management practices during peak periods to ensure a high level of service quality. Our typical frequency of congestion is estimated at less than one percent (1%). Customers select how much high-speed data they receive under a designated Service plan; the specific Service plan.  If a customer’s usage significantly exceeds the average use of other customers, we may impose additional charges, or require the customer to upgrade to a higher service plan.  We do not impose any additional usage limits for the Service.  In a manner consistent with our Service Agreement and Privacy Policy, we may monitor network traffic to ensure capacity is sufficient to maintain an efficient network load, to perform diagnostics and to otherwise manage and enhance the Straight Shot Wireless Network.  To help manage traffic on the Straight Shot Wireless Network, during times of high demand, we may allocate available bandwidth among customers on an equal basis, by account level.  In addition, we may prioritize certain applications, such as public safety, video and voice, over other traffic types.

• We may also use specific traffic shaping software in order to:
  • Analyze and monitor network performance, ensuring consistent service quality across all customers.
  • Prioritize time-sensitive applications, such as voice and video, during peak usage times.
  • Mitigate congestion and maintain overall network health by identifying and managing high-bandwidth traffic.
  • Optimize the user experience by dynamically adjusting bandwidth allocation based on real-time network conditions.
  • Enforce fair usage policies, preventing any single customer from consuming disproportionate bandwidth.

• We may also conduct deep packet inspection (“DPI”), which is a type of filtering that will examine the data and/or header part of Internet traffic for viruses, spam, intrusions, or protocol non-compliance that may harm the SSW Network; to determine the routing of Internet traffic; for internal statistical and performance purposes; for lawful intercept capabilities, and/or enforcement of our Service Agreement. We do not use DPI to conduct data mining for targeted marketing or advertising, or anti-competitive purposes.
• If we determine, in our sole and reasonable discretion, that the manner in which a customer is using the Service negatively impacts other customers or the Straight Shot Wireless Network, we reserve the right to apply additional congestion management techniques.

Application-Specific Behavior: Subject to the qualification that Straight Shot Wireless may reasonably limit specific or classes of applications, or other specific protocols or protocol ports as set forth below, Straight Shot Wireless generally treats all lawful applications identically.  However, we reserve the right to block or limit access to any applications, ports or protocols that we determine, in our sole and reasonable discretion, may expose the Straight Shot Wireless Network to potential legal liability, harm the Straight Shot Wireless Network or otherwise interfere with or impair the experience of other Customers on the Straight Shot Wireless Network.

Device Attachment Rules: Generally, you do not need approval to connect a third-party device to the Straight Shot Wireless Network. Straight Shot Wireless does not limit the types of devices that can be connected to the Straight Shot Wireless Network, provided they are used for lawful purposes and do not harm the Straight Shot Wireless Network, violate our Service Agreement, or harm other users of the Straight Shot Wireless Network.  However, if we determine, in our sole and reasonable discretion, that the connection of a particular type of device to the Straight Shot Wireless Network negatively impacts other users or the Straight Shot Wireless Network, or may expose us to potential legal liability, we reserve the right to limit or restrict Customers’ ability to connect such type of device to the Straight Shot Wireless Network.  If you need technical support services to assist you in the installation and configuration of third-party devices, please contact us or visit http://www.StraightShotWireless.com.  Depending on your level of Service, there may be an additional fee for IT support services.

Security: We have taken reasonable physical, technical and administrative safeguards to protect the integrity and operations of the Straight Shot Wireless Network.  We monitor the Straight Shot Wireless Network for security threats and may prohibit certain activity on the Straight Shot Wireless Network that we may deem, in our sole and reasonable discretion, poses a potential risk to the Straight Shot Wireless Network or to other Customers.  Triggering conditions include but are not limited to denial-of-service activity, IP address or port scanning, excessive account login failures; or certain Internet addresses that are disruptive, malicious and typically persistent.  If we notice excessive customer connections, including but not limited to Wi-Fi connections, that are harmful or are commonly used to disrupt the normal use of the Straight Shot Wireless Network or use by other customers, we will attempt to notify the customer to work collaboratively to remedy the issue to the extent possible; however, we reserve the right as a reasonable security practice, without advance notice, to block any customer traffic, ports, protocols, devices, or applications (such as peer-to-peer applications that may carry malicious software or are known to be problematic) that we determine, in our sole and reasonable discretion, may cause harm to the Straight Shot Wireless Network or to other customers, or may expose us to potential legal liability.

Performance Characteristics

Service Speeds: Straight Shot Wireless provides a variety of broadband service plans. Actual speeds may vary based on factors such as network congestion, signal strength, and the device being used. For plan-specific information, refer to the Broadband Facts Label on our Internet Service Plans here.

Latency: Latency is monitored to ensure real-time applications, such as video calls and gaming, work efficiently. Latency metrics can be found in our Broadband Facts labels on our Internet Service Plans here.

No Data Caps: All our service plans come with unlimited data usage. There are no data caps, however, if a customer’s usage significantly exceeds the average usage of other customers, Straight Show Wireless may limit or throttle bandwidth, or require the customer to upgrade to a higher service plan.

Commercial Terms

Pricing: Pricing details for all services, including promotional rates, equipment fees, installation fees, and any other charges, can be found in our Service Agreement and Broadband Facts Label with our Internet Service Plans here.

 

Impact of Non-Broadband Internet Access Service Data Services (also known as “Specialized Services”): We do not offer data-related Specialized Services to customers that will affect the last-mile capacity available for, and the performance of, our broadband Internet access Service offering. However, there may be a temporary slowing of Internet speed when using any of Straight Shot Wireless’ broadband and Phone services at the same time.

Network Speeds: Straight Shot Wireless offers a standard range of download speeds to residential and business customers varying from 20 Mbps to 200 Mbps.  The Straight Shot Wireless Network is designed to support these speeds to help ensure that every customer receives the speeds to which they have subscribed.  Straight Shot Wireless however cannot guarantee speeds at all times, as there are many factors and conditions beyond Straight Shot Wireless’ control that can affect Internet performance.  Some of these external factors and conditions are:

• Performance of customer computer and/or router
• Type of connection to customer’s own equipment (i.e., Wi-Fi)
• Congestion of websites and services on Internet
• Website or service limiting speeds on the Internet
• Internet and equipment performance outside of the Straight Shot Wireless Network

Privacy: We are committed to protecting customer data. For more information, view our Privacy Policy. We do not sell or share customer data without permission except as required by law.

Acceptable Use:  All of Straight Shot Wireless’ service offerings are subject to the Acceptable Use Policy (“AUP”).  The AUP is available here.

Redress Options: If you have a complaint or dispute, we encourage you to contact us at (575) 208-7915 or info@sswireless.net. We follow a structured dispute resolution process, including arbitration if necessary.

FCC Notice

If a customer believes that these open Internet rules are not being met, the customer may file an informal complaint at the Federal Communications Commission. The FCC urges customers to submit any complaints via its website at the following address: https://consumercomplaints.fcc.gov/hc/en-us. Customers may also file a formal complaint at the FCC using Part 76 of the Commission’s rules.

Legal Compliance with Open Internet Rules

The Open Internet Rules, as adopted by the FCC, and Straight Shot Wireless’ Open Internet Principles do not affect or supersede cooperative efforts designed to prevent infringement in response to timely and effective information from rights holders. These rules also do not prevent us from making reasonable efforts to address the transfer of unlawful content or unlawful transfers of content. For more information, please refer to our Acceptable Use Policy.

Contact Information

For questions regarding our Open Internet Policy or services, please reach out:

Phone: (575) 208-7915

Email: info@sswireless.net

Website: https://sswireless.net

Privacy Policy

Introduction

This Privacy Policy describes how Babcock Enterprises LLC, dba Straight Shot Wireless (“SSW,” “we,” “us,” or “our”) collects, uses, and protects the personal information of customers (“Customer” or “you”) who subscribe to and use our residential or commercial broadband Internet and/or telephony services (“Services”). This Privacy Policy complements our Acceptable Use Policy (AUP) and Master Service Agreement (collectively, “Agreements”) and should be read in conjunction with those documents. By using the Services, you agree to the terms of this Privacy Policy.

Your California Privacy Rights Under the Shine The Light Act

Generally, California residents that have a business relationship with SSW are entitled by the “Shine the Light Act” (“Act”) to ask for information identifying the categories of Personal Information that SSW shared with our Affiliates and/or other third parties for their marketing purposes the preceding year, and provide contact information for such Affiliates and/or third parties unless SSW meets certain exceptions in the Act. This Privacy Policy and Site meet those exceptions.  Importantly, SSW does not target or knowingly provide Services to California residents, nor does SSW share customer personal information with third parties for their own marketing purposes.   If you are a person residing in California and you believe that you have an established business relationship with SSW and have questions regarding our policy regarding the Act, you must send your questions via email or postal mail following the instructions below.

SSW will not accept requests via the telephone or facsimile or respond to requests that are not labeled or sent properly, or do not have complete information.

• For all requests, include Customer’s full name, street address, city, state and zip code.
• If sent via email request, Customer must state “Re: Your California Privacy Rights” in the subject line and send Customer email to info@sswireless.net
• If sent via postal request, Customer must send a letter or post card to:

804 N Union Ave

Roswell, New Mexico 88201

Attention:  Your California Privacy Rights

Information We Collect

We collect various types of information to provide, maintain, and improve our Services. This includes:

Personal Information: This refers to information that identifies you personally, such as your name, mailing address, phone number, Social Security Number (SSN), Tax Identification Number (TIN), email address, and payment information. We collect this information when you establish an account or update your profile.

Service Usage Information: We collect data related to your use of our Services, including IP addresses, bandwidth usage, device information, connection logs, network diagnostics, and data usage statistics. This information helps us manage network performance, troubleshoot issues, and ensure compliance with the Agreements.

Communications Information: We may collect communications related to your use of our services, including service-related emails, text messages, and customer service interactions. Recordings of phone calls may also be retained for training and quality assurance.

Technical Information and Cookies: We may collect device-specific information such as your hardware model, operating system, browser type, and unique device identifiers, as well as the time and duration of your connections. Additionally, we use cookies, web beacons, and similar technologies to collect information about your interactions with our website, such as pages viewed, links clicked, and other browsing activities. These tools help improve the functionality of our website, track user behavior, and enhance your browsing experience. You can manage or disable cookies in your browser settings.

How We Use Your Information

SSW uses the information we collect for several purposes, including:

Service Provision: To provide and manage the Services you subscribe to, including billing, account management, technical support, and service improvements.

Compliance: To comply with applicable laws and regulations, including the legal obligations to assist law enforcement, comply with court orders, or meet regulatory requirements.

Marketing and Promotions: With your consent, we may use your contact information to send you promotional materials or notify you of offers and services you might be interested in. You may opt out of receiving marketing communications at any time (see “Your Choices” below).

Security and Fraud Prevention: To monitor for and prevent fraudulent activity, unauthorized access to your account, and abuse of our Services in violation of the Agreements.

Service Improvements: We use usage data and network performance statistics to optimize our Services, improve network reliability, and enhance customer experiences.

Sharing Your Information

SSW does not sell or rent your personal information to third parties. However, we may share your information under the following circumstances:

Service Providers: We may share your information with trusted third-party service providers who assist in delivering our Services, such as billing processors, customer support providers, or network maintenance teams. These third parties are contractually bound to safeguard your information and use it only for purposes of providing the agreed-upon services.

Legal Obligations: We may disclose your information in response to legal requests, subpoenas, court orders, or regulatory requirements, and when we believe that disclosure is necessary to protect our rights, property, or personal safety, or that of our customers or others.

Business Transfers: If SSW undergoes a merger, acquisition, or asset sale, your personal information may be transferred as part of that transaction. We will notify you of any such transfer and any potential changes to this Privacy Policy.

Data Security

We are committed to protecting your personal information. We implement reasonable security measures, including encryption, firewalls, and access controls, to protect your data from unauthorized access, disclosure, alteration, or destruction. However, no security system is impenetrable, and we cannot guarantee the complete security of your information.

Additionally, if you contact SSW via Site, telephone or in person, SSW will ask you for verification of your identification and account.

CPNI Verification/Authentication Process:

To protect your CPNI, only individuals listed on the account can access information. We will first verify your name, followed by your service address. If you are not listed on the account, someone with authority (i.e., an individual already listed) must authorize your addition to the account over the phone or in person at our office, after verifying their own identity. For added security, further details like recent billing amounts may be required. We will not disclose CPNI through unsecured channels.

SSW will not send an email or text, nor should Customer respond to any email or text communications asking for any sensitive or confidential personal information, such as social security number, bank account or credit card account number, or a driver’s license number. If you receive an email or text requesting any such information from SSW or someone that claims they are with SSW please contact us immediately and email any information to: info@sswireless.net.

Data Retention

SSW retains personal information for as long as is necessary to provide our Services, comply with legal obligations, resolve disputes, and enforce our Agreements. We retain usage and network data for troubleshooting, network management, and regulatory purposes. Personal information may be retained for up to 12 months after the termination of your service, after which it will be securely deleted unless otherwise required by law, business practice, or necessary for tax reporting purposes.

Cookies and Tracking Technologies

SSW may use cookies, web beacons, and similar technologies to collect usage data and enhance your experience on our website. Cookies allow us to remember your preferences, track usage trends, and personalize your interactions with our Services. You can control cookie settings through your browser preferences, though disabling cookies may affect the functionality of certain features.

Your Choices

Accessing and Updating Information: You may access and update your account information at any time through our Subscriber portal or by contacting customer service.

Marketing Preferences: You can opt out of receiving marketing communications by following the unsubscribe instructions in our emails or by contacting us directly.

Do Not Track: While we do not track users across third-party websites, our website may not respond to “Do Not Track” signals from browsers.

Children’s Privacy

SSW does not knowingly collect or solicit personal information from children under the age of 13. If we learn that we have inadvertently collected such information, we will take steps to delete it promptly.

Changes to This Privacy Policy

We may update this Privacy Policy from time to time to reflect changes in our practices, technology, or legal requirements. The latest version will always be available on our website, and we will notify you of any material changes by email or through a notification on our Subscriber portal.

Contact Us

If you have any questions or concerns regarding this Privacy Policy or how your information is handled, please contact us at:

Straight Shot Wireless

804 N Union Ave, Roswell, NM 88201

Email: info@sswireless.net

Phone: 1-575-208-7915

Web-Based Customer Portal

Our web-based customer portal provides you with access to manage your account, view your usage, update personal information, and make payments. The information collected through the portal may include:

• Account Information: When you log in to the customer portal, we collect authentication data such as your username, password, and session information to verify your identity and grant access to your account.

• Payment Information: If you choose to make payments through the portal, we collect your payment details, such as credit card or bank account information, for billing purposes. This information is encrypted and processed securely by our third-party payment processor, and we do not store your complete payment details on our servers.

• Usage Data: We may collect information about your interactions with the customer portal, such as pages visited, links clicked, and time spent on the site. This information helps us improve the functionality and user experience of the portal.

Cookies and Session Management

Our website and customer portal uses cookies and session management tools to ensure secure access, manage user sessions, and enhance the portal’s functionality. These cookies help us remember your login state, navigate the portal securely, and provide personalized account features. You can manage cookie settings through your browser, but disabling cookies may affect the usability of the portal.

Security

We use industry-standard security measures, including SSL encryption, firewalls, and secure user authentication methods, to protect your account and data within the customer portal. However, you are responsible for safeguarding your portal credentials (e.g., username and password) and ensuring that they are not shared with unauthorized individuals.

Customer Responsibility

Customers should log out of the customer portal after each session, particularly when using shared or public devices, to protect their account from unauthorized access. Additionally, if you suspect that your account has been compromised, contact us immediately for assistance.